Atrocity Punishment and International Law

Author: Mark A. Drumbl
Publisher: Cambridge University Press
ISBN: 1139464566
Format: PDF
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This book argues that accountability for extraordinary atrocity crimes should not uncritically adopt the methods and assumptions of ordinary liberal criminal law. Criminal punishment designed for common criminals is a response to mass atrocity and a device to promote justice in its aftermath. This book comes to this conclusion after reviewing the sentencing practices of international, national, and local courts and tribunals that punish atrocity perpetrators. Sentencing practices of these institutions fail to attain the goals that international criminal law ascribes to punishment, in particular retribution and deterrence. Fresh thinking is necessary to confront the collective nature of mass atrocity and the disturbing reality that individual membership in group-based killings is often not maladaptive or deviant behavior but, rather, adaptive or conformist behavior. This book turns to a modern, and adventurously pluralist, application of classical notions of cosmopolitanism to advance the frame of international criminal law to a broader construction of atrocity law and towards an interdisciplinary, contextual, and multicultural conception of justice.

Reimagining Child Soldiers in International Law and Policy

Author: Mark A. Drumbl
Publisher: Oxford University Press
ISBN: 0199592659
Format: PDF, Mobi
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Child soldiers are generally perceived as faultless, passive victims. This ignores that the roles of child soldiers vary, from innocent abductee to wilful perpetrator. This book argues that child soldiers should be judged on their actions and that treating them like a homogenous group prevents them from taking responsibility for their acts.

Atrocity Speech Law

Author: Gregory S. Gordon
Publisher: Oxford University Press
ISBN: 0190612703
Format: PDF, Mobi
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The law governing the relationship between speech and core international crimes a key component in atrocity prevention is broken. Incitement to genocide has not been adequately defined. The law on hate speech as persecution is split between the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). Instigation is confused with incitement and ordering's scope is too circumscribed. At the same time, each of these modalities does not function properly in relation to the others, yielding a misshapen body of law riddled with gaps. Existing scholarship has suggested discrete fixes to individual parts, but no work has stepped back and considered holistic solutions. This book does. To understand how the law became so fragmented, it returns to its roots to explain how it was formulated. From there, it proposes a set of nostrums to deal with the individual deficiencies. Its analysis then culminates in a more comprehensive proposal: a "Unified Liability Theory," which would systematically link the core crimes of genocide, crimes against humanity, and war crimes with the four illicit speech modalities. The latter would be placed in one statutory provision criminalizing the following types of speech: (1) incitement (speech seeking but not resulting in atrocity); (2) speech abetting (non-catalytic speech synchronous with atrocity commission); (3) instigation (speech seeking and resulting in atrocity); and (4) ordering (instigation/incitement within a superior-subordinate relationship). Apart from its fragmentation, this body of law lacks a proper name as "Incitement Law" or "International Hate Speech Law," labels often used, fail to capture its breadth or relationship to mass violence. So this book proposes a new and fitting appellation: "atrocity speech law."

International Criminal Law and Philosophy

Author: Larry May
Publisher: Cambridge University Press
ISBN: 0521191513
Format: PDF, ePub, Mobi
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International Criminal Law and Philosophy is the first anthology to bring together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor.

Accountability for Human Rights Atrocities in International Law

Author: Steven R. Ratner
Publisher: Oxford University Press
ISBN: 0199546665
Format: PDF, ePub, Mobi
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The book offers an introduction to international law's approaches to holding individuals accountable for human rights atrocities, exploring whether human rights abusers can and should be brought to justice. The authors examine how, in the years since the Nuremberg Trials, states have created international norms holding abusers accountable, tried such people domestically and internationally for their crimes, and established other,non-criminal forms of accountability. These include trials in domestic courts and international tribunals such as the UN's Yugoslavia and Rwanda tribunals and the International Criminal Court, as well asnonprosecutorial mechanisms including civil suits, truth commissions, and immigration measures. The authors appraise the state of the law and its mechanisms, including analysis of the principal crimes (such as genocide and crimes against humanity) and discuss the opportunities for and challenges to further steps aimed at accountability.

The Genocide Convention

Author: John Quigley
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409493075
Format: PDF, ePub, Mobi
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The Genocide Convention explores the question of whether the law and genocide law in particular can prevent mass atrocities. The volume explains how genocide came to be accepted as a legal norm and analyzes the intent required for this categorization. The work also discusses individual suits against states for genocide and, finally, explores the utility of genocide as a legal concept.

The Genocide Contagion

Author: Israel W. Charny
Publisher: Rowman & Littlefield
ISBN: 144225436X
Format: PDF, ePub, Docs
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In The Genocide Contagion, esteemed scholar of genocide Israel W. Charny asks uncomfortable questions about what allows people to participate in genocide—either directly or indirectly. Charny draws on both historical and current examples to press readers to consider how they may contribute to genocide in other countries.

The Cambridge Companion to Human Rights Law

Author: Conor Gearty
Publisher: Cambridge University Press
ISBN: 110701624X
Format: PDF, ePub
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Captures the essence of the multi-layered subject of human rights law in a way that is authoritative, critical and scholarly.